Crash Course

The public domain and orphan worksbalance between the two is not static

Public domain• better tools to identify those

works that actually are in the public domain (Google Book Search library)

• working with other libraries to begin developing best practices to define reasonable searches for copyright owners of different types of works.

Orphan works

• often lack sufficient information to identify their owners, identifying the date on which they would otherwise enter the public domain is also impossible

Using materials from the Web

Some common assumptions are wrong

• Not everything posted on the internet is public domain

• Neither publication nor a notice of any kind is required to protect works today

Copyright protection

Express licenses: spell out in detail what rights the author of a work wants readers, viewers or listeners to have

Infringement

Individuals are responsible for

their owns actions if copying without

the authors authorization

Penalties are very harsh up to

150,00 for each separate act of

willful infringement

Institutions can defend individual employees

and students so long as they follow policies and

abide by the terms of any licenses that affect

your rights to use others’ works

Fair use of copyrighted materials

1. Is the work protected?

2. If the work is protected, has your campus already licensed rights for you to use the work?

3. Is the work available freely on the open Web, and therefor covered by an implied license?

Answer these three questions to decide whether you need permission to use a copyrighted work

Four Factor Fair Use Test

Factor 1: What is the character of the use?

Factor 2: What is the nature of the work to be used?

Factor 3: How much of the work will you use?

Factor 4: If this kind of use were widespread, what effect would it have on the market for the original or for permissions?

The TEACH Act• The TEACH Act became law in late 2002.

• Copyright law provides educators with a separate set of rights in addition to fair use, to display (show) and perform (show or play) others' works in the classroom. These rights are in Section 110(1) of the Copyright Act and apply to any work, regardless of the medium.

• The TEACH Act authorizes us to digitize works for use in digital distance education, but only to the extent we are authorized to use those works in Section 110(2), and so long as they are not available digitally in a format free from technological protection.

Getting Permission1. Contact collective rights organizations (CCC)

Copyright Clearance Center.2. Be aware if permission is needed when using

image archives, freelance writers, music performance, and play rights., etc.

3. Contact the owner4. Confirm authority to grant permission5. Getting written permission and define clearly

the scope of what you are being permitted to do.

The Copyright Crash Course Written by Georgia Harper for

the University of Texashttp://copyright.lib.utexas.edu/

Power point by:Sonia Aldape

6340.64Professor: Elizabeth Castillo